How to get possession

abhinav (Querist) 23 August 2017 This query is : Resolved
My grandfather had 3 boys and 3 daughters also he made a will and give property to his 4 grandsons. The eldest son of my grandfather didn't had any child so he adopted a child from one of the 4 grandsons of his father. That will is registered but now my uncle whose child is adopted is demanding the property distribution acoording to 3 sons of my grandfather they are not accepting the will also not vacating the area as they are in possession of more than the area which was mentioned in the will. We are two brothers hence we are authorized to take half of this property according to will. Please guide me how to vacate our part of property as they are not accepting the will nor they are vacating.

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Rajendra K Goyal (Expert) 23 August 2017
Try to have amicable settlement.

If not possible, file case of partition on the basis of will if the testator has expired.

abhinav (Querist) 23 August 2017
Yes air, testator has expired and they are not willing to do any compromise. We dont want to file case because in that situation qe have to prove everything and they just have to denied. If any way possible so that they would file a case or if court can order to do construction on the basis of will.
Thanks in advance for response

Dr J C Vashista (Expert) 24 August 2017
In consequence of adoption the boy (adopted) has lost all his rights in the property of his biological parents and steps in the shoes i.e., inherits/succeeds the rights of adoptive parents.

In the instant case you have complicated the facts which are otherwise not so, therefore, it would be better to show the documents of deed of adoption and will to a local prudent lawyer for proper analyses, guidance and proceeding.